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Reasons
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(영문) 의정부지방법원고양지원 2013.07.12 2012가단22245
손해배상(기)
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant C was the representative of the E-LLC (hereinafter “E”), a Chinese corporation, and Defendant C’s denial was the actual manager of Defendant C.

On the other hand, Defendant C is serving as the representative director of Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”).

B. On May 3, 2006, E recruited its members while preparing for opening a golf course “F” (hereinafter “instant golf course”). However, the Plaintiff received H, the head of the headquarters of E through G, through G, and upon H’s recommendation, decided to purchase 20 million won at the discounted price per unit of the instant golf course membership at KRW 20 million. On May 3, 2006, E paid KRW 5 million with the national bank account in the name of G, and KRW 35 million with the account of H’s wife on May 25, 2006.

C. G paid KRW 5 million to Defendant B, and H transferred KRW 25 million out of KRW 35 million, which was received from the Plaintiff on May 25, 2006, to the Defendant Company’s account under the direction of Defendant B, and the remainder of KRW 10 million was withdrawn, and then exchanged in the Chinese Cheongdo with Defendant C to be satisfyed and paid to the instant golf course operator.

Defendant C owned 60% of the shares of Defendant C and 15% of the J. However, on January 19, 2007, Defendant C, J and Defendant Co., Ltd concluded a contract to transfer 75% of the shares of E (hereinafter “instant transfer contract”) with a new golf Co., Ltd. (hereinafter “new golf”).

Article 2 (Contents of Shares to be Transferred)

1.(3) Equity shares to be transferred: 75% of equity shares in E: KRW 800 million;

2. The repayment of all obligations and deposits related to E arising from the transfer of this Agreement and of the purchase price of membership shall be subject to the responsibility of the Defendant Company, the Defendant C, and the J.

Provided, That the amount payable in connection with the operation of E shall be reduced to 7,149,652.60 on the responsibility of new golf.

Article 3 (Payment of Transfer Price)

7. In relation to E, exist.

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